Title Minnesota Statutes, Minnesota Statutes

306.027 MERGER OF CEMETERIES. The ownership of a cemetery owned by a cemetery association or corporation, a municipality or town, a religious corporation, or any other body, or of a privately owned cemetery, may be merged with that of any other cemetery upon the terms set by its …

306.03 ACTUARY; RECORDS; REPORTS. Every such corporation, including any person, firm, partnership, association, or corporation owning or operating a mausoleum or columbarium, shall, in addition to its ordinary corporate officers, annually appoint an actuary or provide by its byla…

306.04 FAILURE TO KEEP REGISTER; FORFEITURE. Every actuary, or secretary performing the duties of an actuary, failing to keep a register of burials and to record in it all interments and cremations, shall forfeit not less than $2 nor more than $10 for every failure to keep a regi…

306.05 LAND ACQUIRED FOR CEMETERY PURPOSES. Every such corporation may own, by purchase or gift, in the county where it is located and in an adjoining county, a maximum of 300 acres of land to be used and occupied exclusively for the burial or cremation of the dead and for other …

306.06 CONVEYANCE OF CERTAIN LANDS TO CEMETERY ASSOCIATIONS. When land located within a town or statutory city has before 1870 been devoted to and used by the public without restriction as a cemetery, the governing body of the town or city where the land is located may convey the…

306.07 FRATERNAL CORPORATIONS TO TRANSFER LANDS FOR CEMETERY PURPOSES. A fraternal corporation organized under state law that acquired land upon which it established a cemetery before 1885 and that operated a cemetery after that date may convey to a corporation incorporated under…

306.08 LANDS TO BE SUBJECT TO RULES OF CEMETERY ASSOCIATIONS. A conveyance by a fraternal corporation may transfer all right, title, and control in the acquired land that is devoted to cemetery purposes. Upon transfer, the public cemetery association to which the conveyance is ma…

306.09 SALE OF LOTS. After the filing of a map under section 306.05 the trustees may sell and convey the lots designated on the map upon terms and conditions as they determine. Every conveyance of a lot must be expressly for burial purposes and no other and must be in the corpora…

306.10 USE OF FUNDS; GRANTS IN TRUST. Proceeds from the sales of lots and personal property not invested as hereinafter provided shall be applied solely to pay debts incurred in purchasing cemetery grounds and property, to fence, improve, and beautify the grounds and the avenues …

306.11 VACANCIES; ANNUAL MEETING; REPORT OF TRUSTEES. The certificate of incorporation may provide that vacancies among the associates must be filled by the remaining associates and that at all elections after the first the trustees shall be chosen from the associates or it may p…

306.111 VACANCIES AMONG ASSOCIATES, PROCEDURE FOR FILLING. § Subdivision 1.Authorization. An incorporated public cemetery association without capital stock, organized under state law, which has acquired a burial site and sold lots in it and for which a majority of the associates …

306.12 ACTION FOR DAMAGES. Every such cemetery association may recover, in its own name, all damages resulting from injury to or destruction of any stone, monument, building, fence, railing, or other work for protection or ornament, or any tree, shrub, or plant within the limits …

306.14 TAXES; ROADS; SPECIAL ASSESSMENTS. § Subdivision 1.Tax exemption. The lands and property of any such cemetery association are exempt from all public taxes and assessments, and shall not be sold on execution against the association or any lot owner. The owners of cemetery l…

306.141 RELOCATION. A cemetery may not be relocated without the consent of the trustees. History: 1993 c 100 s 1

306.15 LOTS, CONVEYANCE. (a) When a lot in a cemetery, or an entombment or inurnment space in a mausoleum, has been sold or conveyed for burial purposes, the lot, entombment, or inurnment space is then inalienable, except as provided in this section. (b) The original purchaser of…

306.155 CORRECTION OF INTERMENT ERRORS. § Subdivision 1.Requirement. If the operator of a cemetery is informed or becomes aware that it has interred or permitted the interment of a body or remains in the wrong burial space, unless the interested parties have agreed otherwise in w…

306.16 TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION; PROCEDURE. § Subdivision 1.Authority. If a cemetery association organized under state law or a public cemetery operated by a municipality or other entity has before March 1, 1906, conveyed to a person the right of burial in any…

306.17 RECORDS OF ASSOCIATION. All notices, with the proof of service or publication, and all resolutions adopted by the board of trustees of the association or public cemetery under section 306.16, subdivision 2, shall be made a part of the records of the association or public c…

306.18 DESCRIPTION OF LOTS IN NOTICE AND PROCEEDINGS. The notice and proceedings under sections 306.16 to 306.20, concerning cemetery lots, shall distinctly describe by metes and bounds the part of a cemetery lot unused for burial purposes. The association or public cemetery shal…

306.19 LIMITATION. Sections 306.16 to 306.20 do not apply to a lot in a cemetery for which a perpetual care contract has been entered into between the cemetery association and the lot owner. History: (7574) 1921 c 167 s 5; 1949 c 163 s 4; 1988 c 469 art 5 s 1

306.20 REINVESTMENT; REDEMPTION. Compliance with sections 306.16 to 306.20 reinvests the association or municipality with, and divests the record owner and dependents of, the title to the part of the cemetery lot unused for burial purposes as though the lot had never been conveye…

306.21 UPKEEP OF LOTS; ABANDONMENT. § Subdivision 1.Lots conveyed and abandoned. (a) In the instances provided in paragraph (b), an incorporated cemetery association may, by a resolution of its governing board, require that grantees of lots or parcels, or parties claiming through…

306.22 ACTION TO QUIET TITLE. If, for 30 days after May 1 following service or publication, the party or parties fail to conform with the demands of the resolution authorized by section 306.21, the rights of the party or parties may be considered abandoned, and the corporation ma…

306.23 EVIDENCE OF ABANDONMENT. In all cases brought under section 306.22, the following facts are prima facie evidence that the grantee or holder has abandoned the lot: (1) the fact that the grantee or holder has not used portions of the lots or parcels for burial purposes for m…

306.24 RECORDING OF JUDGMENT. A certified copy of the judgment in an action to quiet title under section 306.22 may be recorded in the office of the county recorder in the county in which the parcel is located. History: 1921 c 358 s 4; 1976 c 181 s 2; 1988 c 469 art 5 s 1; 2005 c…

306.241 DEPOSIT OF NET PROCEEDS FROM LOT RESALES. The proceeds from the subsequent resale of lots or parcels the title to which has revested in the corporation under sections 306.21 to 306.24, or 306.242, less the costs and expenses incurred in proceedings approved by the distric…

306.242 TITLE TO LOTS REGAINED BY ASSOCIATION AFTER 60 YEARS. § Subdivision 1.Scope. As an alternative to the procedure in sections 306.21 to 306.241, a cemetery association incorporated in Minnesota may use the procedures in this section to revest itself with the title to part o…

306.243 MAINTAINING ABANDONED CEMETERIES. § Subdivision 1.Appropriation for improvement. A county board may appropriate the general revenue funds it determines necessary for the improvement and maintenance of the cemetery if there is in the county, whether or not within the corpo…

306.245 NEGLECTED CEMETERIES; DUTIES OF TOWN BOARD. The town board of supervisors may maintain in a proper manner, and keep free of weeds, a cemetery that has been neglected for at least ten years. History: (1023-1) 1939 c 227; 1988 c 469 art 5 s 1

306.246 CEMETERY MAINTENANCE FUNDS. A county, city, or town may disburse funds for the general maintenance of abandoned or neglected cemeteries. History: 1974 c 211 s 1; 1988 c 469 art 5 s 1

306.25 CANCELLATION AND TERMINATION OF CONTRACTS FOR PURCHASE OF LOTS BY CERTAIN ASSOCIATIONS; REFUNDS. When a cemetery association organized under state law agrees to convey to a person the right of burial upon any platted lot or designated piece of ground or in an entombment or…

306.26 EXISTING CONTRACTS. A contract entered into by a cemetery association before April 14, 1927, for the sale of lots or tracts for burial purposes that contains a provision for the termination of the contract may be terminated as provided in section 306.25. History: (7579-2) …

306.27 LIMITATION. Nothing in sections 306.25 and 306.26 shall be construed as repealing, expressly or by implication, any of the provisions of sections 306.16 to 306.20 or sections 306.21 to 306.24. History: (7579-3) 1927 c 196 s 3; 1988 c 469 art 5 s 1

306.28 PROPERTY SALES BY PUBLIC CEMETERY ASSOCIATIONS. A public cemetery association which owns land that is or may be no longer used for the burial of the dead may exercise any or all of the following powers: (1) to institute and prosecute to final judgment an action to determin…

306.29 DISPOSAL OF LOTS BY OWNERS. An owner of a cemetery lot may dispose of the lot by will to a relative who may be a survivor, or to the cemetery association or private cemetery, as the case may be, in trust for the use and benefit of any person or persons designated in the wi…

306.31 CEMETERY ASSOCIATION MAY ESTABLISH PERMANENT FUND. A cemetery association formed under the law that has at least three members of a board of trustees or directors that has established and maintains a cemetery of at least one-half acre in area, may, by a two-thirds vote of …

306.32 TRUSTEES OF FUND. The trustees shall choose by ballot and appoint by deed of the association a board of at least three and not more than five trustees of the fund. They shall be resident landowners of this state during all the time they exercise the powers of the trust. If…

306.33 TRUSTEES; POWERS; TERM; ACCOUNTING. Upon the appointment and qualification of the trustees of the fund, or upon the designation of a trust company to act as trustee, the title to the funds included in the trust and all the rights, powers, authorities, franchises, and trust…

306.34 BONDS. Before entering upon duties, each person chosen as a trustee of the fund shall give a bond to the association equal to one-third the amount of the fund at that time, or $500, whichever is more, conditioned upon the faithful discharge of the trust. On July 1 of each …

306.35 VACANCY IN BOARD OF TRUSTEES. In case of the death, resignation, disability, or removal of one or more of the trustees of the fund, the trust at once vests in the remaining trustees, who shall promptly fill the vacancies by appointment. A newly appointed trustee, upon qual…

306.36 NEW BOARD; ORGANIZATION. In case of the death, removal, resignation, or disability of all the members of the board, the trust, until the organization of a new board, vests in the district court of the county in which the cemetery is located. The board may be reconstituted …

306.37 CARE AND IMPROVEMENT FUND. § Subdivision 1.Required payments. Twenty percent of the proceeds of all sales of cemetery lots and ten percent of the proceeds of all sales of burial space in a mausoleum or columbarium made after the vote of the board of trustees of the associa…

306.38 EXPENDITURES AND INVESTMENTS. § Subdivision 1.Investment and income. Except as provided in subdivision 2, the principal of the care and improvement fund shall remain intact, and may be invested in the securities in which savings banks are by law permitted to invest, and no…

306.39 COMPENSATION. A trustee of a care and improvement fund shall receive $5 for each day actually employed in the duties of the trust, but not exceeding $100 in any one year. The fees shall be paid out of the general funds of the association until the trust fund reaches $100,0…

306.40 SECRETARY'S ANNUAL REPORT. When a care and improvement fund is in the care of a board of trustees, the secretary of the association shall be its secretary and keep a full record of its proceedings. The board, on November 1 each year, shall make a full report of the conditi…

306.41 ESTABLISHMENT OF PERMANENT CARE AND IMPROVEMENT FUND. (a) The entities provided in paragraph (b) may by a unanimous vote taken at any regular meeting or special meeting called for that purpose, provide in accordance with sections 306.41 to 306.54 for the establishment of a…